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A probation violation can put a suspended sentence back on the table, sometimes years of it, over a missed appointment, a positive drug screen, or a new arrest. Probation and community corrections violations cover allegations that a person didn’t follow the conditions of probation or a community corrections placement, such as home detention or work release. These cases move quickly and follow different rules than a new criminal case, which is why many people don’t realize how much is at stake until the hearing.
When a probation officer or prosecutor believes a violation occurred, they file a petition to revoke, and the court holds a hearing. The state only has to prove a violation by a preponderance of the evidence, which is a much lower standard than proof beyond a reasonable doubt. If the court finds a violation, it can continue probation with or without new conditions, extend probation by up to a year, or order the person to serve some or all of the previously suspended sentence. Community corrections violations follow a similar process, and the court can revoke the placement and order the remaining sentence served in jail or prison. Violations generally fall into two categories, technical violations, like missed appointments, unpaid fees, or failed drug screens, and violations based on a new criminal charge.
There’s often more room in a violation case than people expect. The defense may focus on whether the violation actually happened, whether it was willful, such as when fees went unpaid because of an inability to pay, whether a positive test was accurate, and whether there are explanations for missed appointments or other problems. Even when a violation is clear, what happens next depends heavily on the person’s overall progress, employment, treatment, and family responsibilities, and presenting that picture to the court can make a significant difference in the outcome.
At RileyCate, we represent people facing probation and community corrections violations, including cases involving a new charge in addition to the violation. Handling both together often leads to a better result than addressing them separately.
Violation hearings happen fast and carry real consequences, so they call for attorneys who prepare carefully and know how to present the full picture to the court. Will Riley and Russell Cate lead our criminal defense team. Russell Cate has more than 19 years of experience and has been selected as a Super Lawyer since 2013, and Will Riley’s Super Lawyers, Top 100 Trial Lawyers, and AV Preeminent recognition reflects the kind of trial-tested credibility that carries weight with prosecutors and judges alike.
Will and Russell personally oversee every case we take on, staffing it with the attorneys, associates, and staff the matter calls for based on its size and complexity, so you get responsive, informed representation from the outset.
Nobody plans to need a lawyer. When something goes wrong, what you need first is someone who will listen, tell you honestly where you stand, and take the next steps off your plate. That is how every case at RileyCate, LLC begins.
We represent individuals, families, and small businesses across Fishers, Indianapolis, and surrounding counties in personal injury and complex litigation, business and real estate disputes, criminal defense, and appeals.
Will Riley and Russell Cate personally oversee every matter, staffing each case to its size and complexity. Both are recognized as Super Lawyers and have argued before the Indiana Court of Appeals and Supreme Court. Will also holds an AV Preeminent rating from Martindale-Hubbell and a Top 100 Trial Lawyer designation.
We are trial-tested, not just settlement-focused. We have tried hundreds of cases, because insurance companies, opposing businesses, and prosecutors negotiate differently with a firm willing to go the distance.
If you’ve been accused of violating probation or community corrections, acting quickly can make a significant difference in the outcome. We offer a consultation to review the allegation and explain your options. Reach out to RileyCate today to speak with a defense attorney.
